Conceptualizing Tort Law in Education Environments
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Conceptualizing Tort Law in Education Environments
Consider the following scenarios:
A child steps off of a school bus and gets bitten by a dog. The owner is present, but decides to flee the scene.
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Later, the child develops a case of rabies. The school bus driver sees the entire event and, as an extension of the school, has the “duty of care” to stop. However, he chooses to drive away.
This scenario is an example of tort liability. Tort liability is a direct invasion of someone’s legal rights and a violation of some private obligation from another person(s)
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that causes some damage to an individual. In the dog bite scenario, what was the duty of care required by the bus driver and the school district? A risk-management plan would address this situation.
To prepare for the Discussion read this module’s resources and view the video, “Tort Liability for Negligence.” Create a summative definition for tort law. Consider the relationship among tort law, negligence and risk management.
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Reflect on following statement:
Negligence is a category or tort liability and has been defined as conduct that falls below the standard established by law for the protection of others against unreasonable risk or harm. There is a duty of due care that the law recognizes one person owes to another (Dunklee
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